Ukraine’s Participation in the International System for Countering Transnational Organized Crime under Martial Law

Author: Oleksandr Teleshchetskyi, Partner Grain Law Firm, Attorney

One of the primary functions of any state is to combat crime, particularly transnational organized crime (hereinafter – TOC), which encompasses almost all serious profit-driven criminal activities of an international nature. Undoubtedly, TOC poses a threat to national and international security, as well as to protected public interests.

Threat to National Security

In the current context of globalization, TOC is a natural outcome of the evolution of criminal activity in society and its organized forms. It represents one of the most latent and dangerous systems of organized criminal activity (hereinafter – OCA). The main areas of OCA that may be classified as TOC include drug trafficking, migrant smuggling, human trafficking, money laundering, arms trafficking, counterfeit goods, crimes against wildlife and cultural property, as well as certain elements of cybercrime.

Such criminal activities undoubtedly threaten peace and security, undermine human rights, and negatively affect the economic, social, cultural, political, and civic development of states and societies.

As stated in the Strategy for Combating Organized Crime, approved by the Cabinet of Ministers of Ukraine (Order No. 1126-р of 16 September 2020), in the context of armed aggression by the Russian Federation against Ukraine and attempts to establish terrorist organizations within the state, organized crime constitutes a direct threat to national security. The increase in serious and especially serious crimes committed by organized groups and criminal organizations, including those involving firearms, the establishment of corrupt relations between public officials, local self-government bodies, and criminal actors, and the use of non-competitive methods in economic activity negatively affect Ukraine’s economic growth and social development.

Organized crime is used as a tool by foreign intelligence services to destabilize the country and undermine national security. There are also conditions under which certain public associations may use organized crime as a means of political struggle and suppression of democracy.

The absence of a systemic approach to combating organized crime, insufficient inter-agency coordination, outdated and imbalanced legal regulation, weak monitoring methodologies, and the use of obsolete investigative approaches all contribute to the worsening of the situation and low effectiveness in countering organized crime.

In view of the security environment surrounding Ukraine and the domestic criminogenic situation, the establishment of a systematic response to organized crime must become a priority of state policy and requires coordinated inter-agency measures and enhanced international cooperation.

Prevention of TOC and International Cooperation

Given the above, the study of international legal cooperation in preventing TOC is particularly relevant in light of contemporary threats and challenges facing Ukraine. Effective counteraction at the international level requires the development of strategic inter-state cooperation, institutional and legal mechanisms, and joint criminal-law enforcement measures.

Despite a significant body of academic research, the regulatory framework governing international cooperation in preventing TOC remains insufficiently developed.

In general, international cooperation in combating crime may be defined as cooperation between states aimed at developing and coordinating measures for crime prevention, detection, and offender treatment, as well as formulating comprehensive objectives to minimize transnational and domestic criminal activity.

The international community pays considerable attention to combating TOC, which covers virtually all categories of international crimes. The primary international instrument in this field is the United Nations Convention against Transnational Organized Crime (2000) (hereinafter – the TOC Convention).

The Convention defines a “transnational crime” as an offence that:

a) is committed in more than one State;
b) is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State;
c) is committed in one State but involves an organized criminal group operating in more than one State; or
d) is committed in one State but has substantial effects in another State.

Under the Convention, States Parties undertake to criminalize relevant conduct in domestic law (including participation in an organized criminal group, money laundering, corruption, and obstruction of justice), establish frameworks for extradition and mutual legal assistance, and promote training and technical assistance to strengthen national capacities.

The Convention is supplemented by three Protocols addressing specific forms of organized crime: trafficking in persons, smuggling of migrants, and illicit manufacturing and trafficking in firearms.

Main Forms of TOC

The most widespread forms of TOC today include terrorism, economic crime, and drug-related crime. In addition, piracy, cybercrime, child sexual exploitation, environmental crime, and trafficking in cultural property have become increasingly prevalent.

The growth of such criminal activity is driven by the potential for high illicit profits. Key international approaches to countering TOC include strengthening national legislation, enhancing international cooperation, and improving criminal justice systems.

The TOC Convention outlines two main prevention approaches:
first, reducing opportunities for organized criminal groups to operate in legal markets;
second, decreasing the vulnerability of the legal economy to infiltration by criminal networks.

Within the European Union, cooperation involves national law enforcement authorities and supranational structures. One of the most effective mechanisms is the establishment of Joint Investigation Teams (JITs), based on Article 13 of the 2000 EU Convention on Mutual Legal Assistance in Criminal Matters.

Ukraine has implemented this mechanism in its Criminal Procedure Code (Article 571), allowing for joint investigations involving multiple states.

Interpol and Europol Cooperation

An important component of international cooperation is the role of international law enforcement organizations such as Interpol and Europol.

In Ukraine, Interpol is represented by the National Central Bureau (NCB Interpol), which coordinates cooperation between Ukrainian law enforcement agencies and foreign counterparts in combating transnational crime. Ukraine also actively cooperates with Europol, with such cooperation significantly intensifying in recent years.

Conclusions

International cooperation in combating TOC develops along two main tracks: treaty-based cooperation and institutional cooperation. The first involves multilateral, regional, and bilateral agreements; the second operates through international organizations and specialized bodies such as the United Nations, Interpol, and Europol.

The effectiveness of countering TOC depends on timely resolution of legal, organizational, technical, and international regulatory issues. Legislative measures remain central, alongside institutional coordination and alignment with international standards.

Accordingly, Ukraine should prioritize: strengthening legal mechanisms for international cooperation; expanding information exchange with international databases and analytical platforms; enhancing inter-agency cooperation among national law enforcement bodies; and harmonizing national legislation with international standards of the UN, Council of Europe, and the EU in combating corruption, terrorism, and cybercrime.